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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE:
- This class action settlement is paying out up to $303.02 as of June 12, 2023.
- Congratulations to everyone who filed a claim and got paid!
Bath Saver Inc. and franchisee Bath Fitter have established a settlement fund of $1.95 million to resolve a class action lawsuit claiming the company violated federal law regulating spam phone calls.
The settlement class is defined as anyone in the United States who Bath Saver or its affiliates — Kitchen Saver and/or Homespire Windows/Doors and their affiliates — called two or more times in a 12-month period on a telephone number registered with the National Do Not Call Registry for more than 30 days and for whom there is no record of written consent to call or there is a record of the person requesting to not be called.
Bath Saver was accused of violating the federal Telephone Consumer Protection Act (TCPA), which was created to protect consumers from unwanted and unsolicited automated calls, sometimes called robocalls.
Bath Saver denies wrongdoing, saying it is paying the settlement to avoid trial costs.
Plaintiff Carol Miller, who placed her name on the National Do Not Call Registry in 2013, alleged in the class action lawsuit that she received prerecorded phone calls from the defendant. When the call was returned, the caller was met with an automated system that identified itself as Bath Fitter, which is a co-defendant franchisee associated with Bath Saver Inc.
The plaintiff had no established business relationship with the clients, a condition of the TCPA for making marketing calls. Others complained Bath Fitter made multiple calls per week.
Bath Fitter is a bathtub and shower stall manufacturer that reports having more than 2 million customers. The company offers “one-day” installations of new shower or bath liners with no demolition or mess. Bath Saver is a franchisee that operates in Harrisburg, Pennsylvania.
Settlement class members are eligible to receive a pro rata share of the spam calls class action lawsuit settlement, after attorney fees, administrative costs and other expenses are deducted from the fund.
Those who wish to exclude themselves from the settlement and those who wish to object to the fairness of the settlement may do so by Jan. 3, 2023.
A final approval hearing will be held Feb. 2, 2023.
Class members who wish to take part in the spam calls lawsuit class action settlement must submit a claim form no later than Jan. 3, 2023.
Who’s Eligible
Anyone in the U.S. who Bath Saver or its affiliates — Kitchen Saver and/or Homespire Windows/Doors and their affiliates — called two or more times in a 12-month period on a telephone number registered with the National Do Not Call Registry for more than 30 days without consent
Potential Award
Varies
Proof of Purchase
No proof of purchase applicable
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
01/03/2023
Case Name
Miller v. Bath Saver Inc, Case No. 1:21-cv-01072-JPW, in the U.S. District Court for the Middle District of Pennsylvania
Final Hearing
02/02/2023
Settlement Website
Claims Administrator
Bath Saver Settlement
c/o Settlement Administrator
P.O. Box 4710
Portland, OR 97208-4710
info@BathSaverSettlement.com
800-380-7975
Class Counsel
Avi R Kaufman
KAUFMAN PA
Stefan Coleman
COLEMAN PLLC
Defense Counsel
For Bath Fitter Manufacturing:
Desiree Fernandez
Mitchell E. Widom
Raquel Fernandez
BILZIN SUMBERGDoher Joseph Ferris Jr.
Raymond Lemisch
KLEHR HARRISON HARVEY BRANZBURG LLPFor Bath Saver Inc.:
Alexander Valdes
Isaac J. Colunga
Michael Ruggio
ICE MILLER LLP
Read About More Class Action Lawsuits & Class Action Settlements:
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21 thoughts onBath Saver, Bath Fitter spam calls $1.95M class action settlement
Waiting on my settlement check I sent in my husbands death certificate and the will that showed I was his fiduciary?
I have Something coming in the mail today from them.
$303.02!!!
Add me
I have been on the do not call list for a number of years but I still get tons of calls daily it is so annoying. Please add me
I need to be added to Bath Fitter Settlement please. They were calling me daily for months
Add me
Spam always calling at least 6 hours a day or more. Driving crazy sometime I just don’t answer the phone. Take anything it’s a spam
Add me
ad me?